Michael Patrick Lathigee v. British Columbia Securities Commission
Securities JusticiabilityDoctri
Whether the Supreme Court of Nevada's opinion enforcing the BCSC's $21.7 million (CAD) Canadian 'Disgorgement Order' against Lathigee as a judgment in Nevada conflicts with this Court's precedents
QUESTION PRESENTED Whether the Supreme Court of Nevada’s opinion enforcing the BCSC’s $21.7 million (CAD) Canadian “Disgorgement Order” against Lathigee as a judgment in Nevada conflicts with this Court’s precedents in Huntington v. Attrill, 146 U.S. 657, 13 S. Ct. 224 (1892); Kokesh v. SEC, 581 U.S. __, 1878. Ct. 1635 (2017); and Liu v. SEC, 591 U.S. __, 140 S. Ct. 1936 (2020), such that certiorari should be granted, because the Disgorgement Order constitutes a fine or penalty as a matter of law.